Presented by the ISBA
0.75 Hours MCLE CreditOriginal Program Date: March 29, 2022
Accreditation Expiration Date: October 19, 2024 (You
must certify completion and save your certificate before
this date to get MCLE credit)Subleasing and assignments are essential instruments
for tenants to reduce the size and cost of their space as their needs change. Landlords
(and their lenders) often disfavor subleases and assignments because they might
lose control of who occupies the space. Subleases come in a variety of forms,
all of which need to conform to the provisions of the master lease. Because of
this, subleases can quickly become wildly complex, and have the potential to
give rise to multiple levels of friction and possibly litigation. This program
will provide you with a practical guide to the types of subleases and
assignments, key issues for landlords, tenants, and subtenants, and drafting tips
Day 1 – March
29, 2022:
Subleasing v. assignments – when is each used or
allowed?
Types of subleases – no reference to master
leases, reference by incorporation, custom subleases
Standards of “reasonableness” in obtaining
landlord consent to assignment or sublease
Identifying and mitigating risks to tenants and
subtenants in subleasing
Landlord and lender concerns in subleases and
methods to address
Speakers:Michael P. Williams is a partner in the Denver, Colorado office of
Senn Visciano Canges, P.C., where he has extensive experience in commercial
leasing and tenant relations, acquisition and disposition of office,
industrial, retail and multi-family properties, representing real estate
professionals in disputes before their boards or in litigation, and advising
homeowner associations. He also assists
lenders in pre-foreclosure workouts, foreclosures, loan modifications and
servicing REO property needs. He is a
member of the banking law subcommittee of the ABA’s Business Law Section. Mr. Williams received his B.A. from Colorado
State University and his J.D. from the University of Denver College of Law.
